Anti-Dumping Duties on Imports of Certain Paper from Indonesia

Anti-Dumping Duties on Imports of Certain Paper from Indonesia
The Panel found that the Korean investigating authority (i.e. KTC) did not act inconsistently with Art. 6.8 and Annex II(3) when it resorted to facts
available for the calculation of normal value for two Indonesian exporters because the information requested (financial
statements and accounting records) had not been submitted “within a reasonable period of time”.
In addition, the data submitted to the KTC after the deadline were not verifiable within the meaning of Annex II(3) in light of the fact that
the exporters refused to submit corroborating information during the verification. The Panel also found that the KTC
complied with its obligation under Annex II(6) to inform the exporters of its decision to use facts available. The Panel
also found that the KTC did not act inconsistently with Art. 2.2 in basing its normal value determination on constructed
value under Art. 2.2, as the data (on domestic sales) submitted by the exporters were not verifiable.
Reference
 
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